Twenty-First Day: Monday, 17th December, 1945
[Page 41]
On 13th September, 1936, Reichsleiter of the Party
Organisation, Dr. Robert Ley, addressed 20,000 people
attending a session of the Party Congress. The official
account of the Party rally states that the Fuehrer was
received with "enthusiastic shouts of exaltation" when he
strode through the hall with his deputy, his constant
retinue, and several Reichsleiter and Gauleiter. I am
referring to Document 2283-PS, and it is the 'Voelkischer
Beobachter' of 14th September, 1936, Page 11, which we offer
as Exhibit USA 337. In his speech Reichsleiter Robert Ley
states that he had been mystified when the Fuehrer ordered
him in "mid-April, 1933, to take over the trade unions,
since I could not see any connection between my task as
Organisational Leader of the Party and my new task." Ley
continues by stating that very soon it became clear to him
why his responsibilities as Reichsleiter of the Party
Organisation and Leader of the German Labour Front made
logical his selection by the Fuehrer as the man to direct
the smashing and dissolution of the free trade unions; and I
quote from that document:--
On 7th November, 1943, the Chief of the General Staff of the
Armed Forces delivered a lecture at Munich to the
Reichsleiter and the Gauleiter. I now refer to Document L-
172, previously introduced in evidence as Exhibit USA 34.
This is L-172. The Chief of Staff stated that his object was
to give a review of the strategic position at the outset of
the fifth year of war; and he stated that he realised that
the Political Leaders in the Reich and Gau areas, in view
of their burdensome tasks in supporting the German war
effort, were in need of information he could give. He
stated, in part, as follows:--
[Page 42]
On 18th April, 1944 Reich Commissar Lohse, Reich Minister
for the Occupied Eastern Territories, in a letter to Reich
Youth Leader Axmann -- I now offer in evidence Document 347-
PS, Exhibit USA 340 -- proposed that the Hitler Youth
participate in and supervise the military education of the
Estonian and Latvian Youth. Lohse states in the above letter
that "in the military education camps, the young Latvians
are trained under Latvian leaders in the Latvian language
not because this is our ideal, but because absolute military
necessity demands this." Lohse further stated in the above
letter, and I quote:
[Page 43]
In a letter dated 23rd June, 1943, our Document 407-PS
already in evidence as Exhibit USA 209, Gauleiter and
Plenipotentiary for the Direction of Labour, Fritz Sauckel,
wrote to Hitler advising him of the success of the forced
labour programme as of that date and stating that, and I
quote:
I will offer Document 654-PS, Exhibit USA 218, which was
previously introduced, and I want to quote one portion:
[Page 44]
A letter from R.S.H.A. (which is the Reich Security Main
Office) to police chiefs, dated 5th November, 1942, which is
Document L-316, Exhibit USA 346 -- this was addressed to all
police chiefs, dated 5th November, 1942 -- recites an
agreement between the Reichsfuehrer S.S. and the Reich
Minister of Justice, approved by Hitler -- I call the
attention of your Honours to the red border around this
original and its having the Party seal on it -- providing
that the ordinary criminal procedure was no longer to be
applied to Poles and members of the Eastern populations. The
agreement provided that such people, including Jews and
Gypsies, should henceforth be turned over to the police. The
principles applicable to a determination of the punishment
of German offenders, including appraisal of the motives of
the offender, were not to be applied to foreign offenders. I
quote from Page 2 of the document:
From this it follows that the criminal procedure
against persons of foreign extraction must be
transferred from Justice to the Police.
The preceding statements serve for personal
information. There are no objections if the Gauleiter
are informed in the usual way should the need arise."
In a speech to a gathering of persons intimately concerned
with the Eastern problem, on 20th June, 1941, Reichsleiter
Rosenberg stated that the Southern Russian territories and
the Northern Caucasus would have to provide food for the
German people. I quote Rosenberg's words:
COLONEL STOREY: I am sorry, Sir. I did not hear it. Strike
it from the record.
I now refer to Document R-114. I believe it is the last one
in the book, Exhibit USA 314.
Gauleiter Wagner, of the German-occupied areas of Alsace,
prepared plans and took measures leading to the expulsion
and deportation of certain groups within the Alsatian
civilian population. His plans called for the forcible
expulsion of certain categories of so-called undesirable
persons as a means of punishment and compulsory
Germanisation. The Gauleiter supervised deportation measures
in Alsace from July to December, 1940, in the course of
which 105,000 persons were either expelled or prevented from
returning. A memorandum, dated 4th August, 1942, of a
meeting of high S.S. and police officials convened to
receive the reports and plans of the Gauleiter relating to
the Alsatian evacuations, states that the persons deported
were mainly "Jews, Gypsies, and other foreign racial
elements, criminals, asocial and incurably insane persons,
as well as Frenchmen and Francophiles." The memorandum
further states the Gauleiter said that the Fuehrer had
[Page 45]
I now skip over to the next paragraph 24.
A memorandum by Reichsleiter Bormann of a conference called
by Hitler at his headquarters, 16th July, 1941, which is
Document L-221, Exhibit USA 317.... I am sorry, I believe
that one was quoted this morning. The only purpose in
referring to it is in connection with the Reichsleiter. I
believe Captain Harris quoted from that document this
morning, and I will not read the quotation.
I call attention to the fact, however, that this conference
was attended by Reichsleiter Rosenberg, Reich Minister
Lammers, Field Marshal Keitel, the Reich Marshal, and
Bormann, and lasted about 20 hours. The memorandum states
that discussion occurred with respect to the annexation by
Germany of various parts of conquered Europe. The memorandum
also states that a long discussion took place with respect
to the qualifications of Gauleiter Lohse, who was proposed
by Rosenberg at this conference as Governor of the Baltic
states.
Discussion also occurred, according to the memorandum, with
respect a the qualifications of other Gauleiter and
commissioners for the administration of various areas of
occupied Russia. Goering stated, according to the
memorandum, that he intended to appoint Gauleiter Terboven
for "exploitation of the Kola Peninsula; the Fuehrer
agrees".
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(Part 15 of 16)
[COLONEL STOREY continues]
"Very soon ... your decision, my Fuehrer, became clear
to me and I recognised that the organisational measures
of the Party could only come to full fruition when
supplemented by the organisation of the people, that is
to say by the mobilisation of the energies of the
people and by their concentration and alignment. My
tasks as Reichsleiter of the Party Organisation and as
Leader of the German Labour Front were a completely
homogeneous task; in other words, in everything I did,
I acted as Reichsleiter of the Party Organisation. The
German Labour Front was an institution of the Party and
was led by it. The German Labour Front had to be
organised regionally -- according to the same
principles as the Party. That is why trade union and
employee associations had to be smashed unrelentingly,
and the basis of construction was formed, as in the
Party, by the cell and the local section."
On 17th October, 1944, Reichsleiter Rosenberg sent a letter
to Reichsleiter Bormann which I introduce as Document 327-
PS, Exhibit USA 338, in which he informed the latter that he
had sent a telegram to the Gauleiter urging them not to
interfere in the liquidation of certain listed companies and
banks under his supervision. Rosenberg emphasizes to Bormann
that any "delay of liquidation or independent confiscation
of the property by the Gauleiter would impair or destroy an
organised plan" for the liquidation of a vast amount of
property.
"Reichsleiter Bormann has requested me to give you a
review today of the strategic position in the beginning
of the fifth year of war. No one -- Fuehrer has ordered
-- know more or be told more than he needs for his
immediate task, but I have no doubt at all in my mind,
gentlemen, that you need a great deal in order to be
able to cope with your tasks. It is in your Gau, after
all . . . that all the enemy propaganda, and the
malicious rumours concentrate that try to find
themselves a place among our people... Against this
wave of enemy propaganda and cowardice you need to know
the true situation, and for this reason, I believe that
I am justified in giving you a perfectly open and
uncovered account of the state of affairs..."
Reichsleiter Bormann distributed to all Reichsleiter,
Gauleiter, and leaders of Party affiliated organisations an
undated letter of transmittal, which is Document 656-PS,
Exhibit USA 339, on the National Socialist Party stationery,
signed by Bormann, an order of the Supreme Command of the
Wehrmacht, relating to self-defence by German guard
personnel and German contractors and workers against
prisoners of war. The order of the Wehrmacht referred to,
states that the question of treatment of prisoners of war is
continually being discussed by the Wehrmacht and Party
bureaux. The order states that, should prisoners of war
refuse to obey orders to work, the guard has "in the case of
the most pressing need and danger, the right to force
obedience with the weapon if he has no other means. He can
use the weapon as much as is necessary to attain his
goal..."
". . . in contrast to the Germanic peoples of the West,
military education is no longer to be carried out
through voluntary enlistments but through legal
conscription. The camps in Estonia and Latvia ... will
have to be under German Leadership and, as military
education camps of the Hitler Youth, they must be a
symbol of our educational mission beyond Germany s
borders... I consider the execution of the military
education of the Estonian and Latvian youth not only a
military necessity but also a war mission of the Hitler
Youth especially. I would be thankful to you, Party
Member Axmann, if the Hitler Youth would put itself at
our disposal with the same readiness with which they
have so far supported our work in the Baltic area."
An order of the Reich Minister of the Interior, Frick, dated
22nd October, 1938, is Document 1438-PS, of which I ask the
Court to take judicial notice, and I quote:
"The Reichsfuehrer S.S. and the Chief of the German
Police ... can take the administrative measures
necessary for the maintenance of security and order
even beyond the legal limits otherwise set on such
measures."
"You can be assured that the District (Gau) of
Thueringen and I will serve you and our dear people
with the employment of all strength."
I now offer in evidence Document 630-PS, Exhibit USA 342. If
your Honour please, I call attention that this is on the
personal stationery of Adolf Hitler, dated 1st September,
1939. It is addressed to Reichsleiter Bouhler and Doctor of
Medicine Brandt, and it is signed personally by Adolf
Hitler. I want to quote all of that document; it is short:
"Reichsleiter Bouhler and Dr. Brandt, M.D., are charged
with the responsibility of enlarging the authority of
certain physicians to be designated by name, in such a
manner that persons who, according to human judgment,
are incurable can, upon a most careful diagnosis of
their condition of sickness, be accorded a mercy death.
A handwritten note on the face of the document states:
"Given to me by Bouhler on 27th August, 1940.
In a memorandum recording an agreement between himself and
Himmler, the Minister of Justice Thierack stated that on the
suggestion of Reichsleiter Bormann, an agreement had been
reached between Himmler and himself with respect to "special
treatment at the hands of the police in cases where judicial
sentences were not severe enough."
"The Reich Minister of Justice will decide whether and
when special treatment at the hands of the police is to
be applied. The Reich Fuehrer S.S. will send the
reports, which he sent hitherto to Reichsleiter
Bormann, to the Reich Minister of Justice.
"
If the views of the Reich Fuehrer S.S. and the Reich
Minister of Justice disagreed,
"the opinion of Reichsleiter Bormann will be brought to
bear upon the case, and he will possibly inform the
Fuehrer."
In the above note it is further stated:
"The delivery of anti-social elements from execution of
their sentence to the Reichfuehrer of S.S. to be worked
to death. Persons under preventative arrest, Jews,
Gypsies, Russians and Ukrainians, Poles with more than
three-year sentences, Czechs and Germans with more than
eight-year sentences, according to the decision of the
Reich Minister of Justice. First of all the worst anti-
social elements amongst those just mentioned are to be
handed over. I shall inform the Fuehrer of this through
Reichsleiter Bormann."
With respect to the "administration of justice by the
people," it continues:
"This is to be carried out step by step as soon as
possible. I shall rouse the Party particularly to co-
operate in this scheme by an article in the
'Hoheitstraeger."'
"The offense committed by a person of foreign
extraction is not to be regarded from the view of legal
retribution by way of justice, but from the point of
view of preventing dangers through police action.
I now omit Paragraphs 19 and 20 of the text and refer to
Document 1058-PS, previously introduced in evidence as
Exhibit USA 147.
"We see absolutely no obligation on our part to feed
also the Russian people with the products of that
surplus territory. We know that this is a harsh
necessity, bare of any feelings."
THE PRESIDENT: We have already had that read to us twice